Texas couples with high assets may choose to get a prenuptial agreement to protect their interests in the event of divorce. However, these agreements are not always iron-clad and may be voided in some situations. One problem that people may face is when the spouse with fewer assets claims that the prenuptial agreement was signed under duress, such as the case with Anne Dias Griffin, wife of Kenneth Griffin.
The hedge fund founder and his wife were married in July of 2003. She signed a prenuptial agreement but now claims that she never saw the initial draft of the document until the final days before the wedding. She further alleges that she was not expecting the prenuptial agreement and that it caught her off guard.
According to her response to divorce papers that he filed earlier this year, Ms. Griffin further claims that she and Mr. Griffin argued during this time. The argument escalated, and in an effort to resolve the situation, Mr. Griffin asked her to seek counseling. He recommended the name of a professional without disclosing the fact that he was already a client of the psychologist. Ms. Griffin contends that the psychologist encouraged her to accede to the terms of the prenuptial agreement and sign the document.
When it comes to a divorce, nothing should be taken for granted or left to chance. Prenuptial agreements can be contested for a wide range of reasons, including the fact that one party may have felt pressured or coerced into signing the document. If such an agreement is contemplated, each party should have the document reviewed by their own family law attorney. As a prenuptial agreement is a contract, a finding by a court that one party was fraudulently induced into signing it may lead to it not being upheld.
Source: CNBC, “Anne Griffin Seeks to Void Prenuptial Agreement With Ken Griffin“, Michael J. de la Merced, September 03, 2014
